Supreme Court of India
Centre for Public Interest Litigation v. Union of India
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What the Court ordered
Having regard to the divergent opinions expressed by us, we direct the Registry to place this matter before Hon'ble the Chief Justice of India for constituting an appropriate Bench to consider the issues which arise in this matter afresh.
Judgment, Order of the Court
In brief
The petitioner, a public-interest body, challenged the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988, inserted with effect from 26.07.2018, which bars any police officer from conducting an enquiry, inquiry or investigation into an offence under the Act allegedly committed by a public servant where the offence is relatable to a recommendation made or decision taken in discharge of official functions, without previous approval of the appropriate Government or the authority competent to remove.…
Authorities it was built on
- 1969 A. K. Kraipak & Ors. Etc. v. Union Of. India & Ors.
- 1997 Vishaka and Ors. v. State of Rajasthan and Ors.
- 1991 K. Veeraswami v. Union of India and Others
- 1993 Smt. Nilabati Behera Alias Laut Behera (through the Supreme Court Legal Aid Committee) v. State of Orissa and Ors.
- 1982 Sheonandan Paswan v. State of Bihar
- 1961 The Collector of Customs, Madras v. Nathella Sampathu Chetty and Another
- 1987 State of Bihar Etc. Etc. v. Kripalu Shanker Etc. Etc.
- 1955 Matajog Dobey v. H. C. Bhari
- 1984 Gramophone Company of India Ltd. v. Birendra Bahadur Pandey & Ors.
- 1983 S. Kumar v. The Institute of Constitutional and Parliamentary Studies and Others
- 1970 P. Sirajuddin Etc. v. State of Madras Etc.
- 1970 A. Sanjeevi Naidu Etc. Etc. v. State of Madras and Anr.
- 1966 Girdharilal Amrathlal Shodan and Ors. v. State of Gujarat and Others
- 2001 Shobha Suresh Jumani v. Appellate Tribunal, Forfeited Property and Anr.
- 2011 The National Textile Corporation Ltd. v. Nareshkumar Badrikumar Jagad & Ors.
- 1997 Swatantar Singh v. State of Haryana and Ors.
- 1981 Vishundas Hundumal, Etc. v. State of Madhya Pradesh & Ors.
- 2025 Mmtc Limited v. Anglo American Metallurgical Coal Pvt. Limited
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